Lately we've been getting the impression that people think we give away a Magic Wand. Our advice, like the info cards, is totally useless unless you do something too. You can't simply wave it about at the UKBA/Border Force or Courts and all your problems will disappear! YOU have to put the effort in too!
Take Appeals and appearing in Magistrates Court for Condemnation Proceedings. Hard work has to be done! ... and that takes time!
Take Condemnation Proceedings ... the case against you depends solely upon the evidence presented by the UKBA/Border Force. This is primarily what is contained in the officers notebook from the time of the seizure (that's why we tell you not to sign it and audio record all interviews!). With Condemnation Proceedings you will (or should) receive a sworn transcript from your UKBA Officer of what this notebook contains. This is not good enough! ... you have to get a photocopy of the actual notes. Then you painstakingly compare one against the other for mistakes, falsehoods, deletions and additions. After you've got in front of you what the officer actually wrote at the time ... then, and only then do you look at what it says ... unless you've recorded the interview. Then you have to transcribe what was actually said in the interview and compare it to what the officer wrote in the notebook This again is a painstakingly long process.
You have to then dissect the notebook and show where possible the errors made in the questioning and what was written .... and the professionalism of the said questioning ... or lack of. Was the officer trying to find out the truth or simply ticking boxes because the decision to seize had already been made and so forth. You also have to check that the officer adhered to procedures and standards set by UKBA. Another long process.
lt's not enough to point these out, you also have to show the questions they should've asked to clarify points that they may have used against you. You have to back this up with actual evidence from yourself ... transcript of audio recording, flight details, holidays, bank accounts, consumption, expenses, income and so forth.
Then you look at their reasons for seizure. Where did they get these reasons from? Are they factual? Can they produce actual evidence to back these reasons up? Another painstakingly long process because you then have to show with actual evidence wherever possible that their reasons for seizure are wrong. This includes Subject Access Requests, FOI's. requests to prosecution to release documents and info, research and so forth.
Then you have to prepare for court ... evidence exhibits incl copies (all referenced and easily accessible), line of questioning you want to take and breaking it down into bullet points and so forth. Another painstakingly long process.
Court is a game but a damn serious game. You have to defeat the prosecution and you can only do this with preparation for 'the game'. Each case is different so the same work has to be done time and time again.
This involves YOU putting in the effort too.We need all this info and we can't get it without you.
We don't have a Magic Wand!
UPDATE
Of course, if you prepare before you get stopped and searched by Customs we won't even have to talk about a Magic Wand! :)
Take Appeals and appearing in Magistrates Court for Condemnation Proceedings. Hard work has to be done! ... and that takes time!
Take Condemnation Proceedings ... the case against you depends solely upon the evidence presented by the UKBA/Border Force. This is primarily what is contained in the officers notebook from the time of the seizure (that's why we tell you not to sign it and audio record all interviews!). With Condemnation Proceedings you will (or should) receive a sworn transcript from your UKBA Officer of what this notebook contains. This is not good enough! ... you have to get a photocopy of the actual notes. Then you painstakingly compare one against the other for mistakes, falsehoods, deletions and additions. After you've got in front of you what the officer actually wrote at the time ... then, and only then do you look at what it says ... unless you've recorded the interview. Then you have to transcribe what was actually said in the interview and compare it to what the officer wrote in the notebook This again is a painstakingly long process.
You have to then dissect the notebook and show where possible the errors made in the questioning and what was written .... and the professionalism of the said questioning ... or lack of. Was the officer trying to find out the truth or simply ticking boxes because the decision to seize had already been made and so forth. You also have to check that the officer adhered to procedures and standards set by UKBA. Another long process.
lt's not enough to point these out, you also have to show the questions they should've asked to clarify points that they may have used against you. You have to back this up with actual evidence from yourself ... transcript of audio recording, flight details, holidays, bank accounts, consumption, expenses, income and so forth.
Then you look at their reasons for seizure. Where did they get these reasons from? Are they factual? Can they produce actual evidence to back these reasons up? Another painstakingly long process because you then have to show with actual evidence wherever possible that their reasons for seizure are wrong. This includes Subject Access Requests, FOI's. requests to prosecution to release documents and info, research and so forth.
Then you have to prepare for court ... evidence exhibits incl copies (all referenced and easily accessible), line of questioning you want to take and breaking it down into bullet points and so forth. Another painstakingly long process.
Court is a game but a damn serious game. You have to defeat the prosecution and you can only do this with preparation for 'the game'. Each case is different so the same work has to be done time and time again.
This involves YOU putting in the effort too.We need all this info and we can't get it without you.
We don't have a Magic Wand!
UPDATE
Of course, if you prepare before you get stopped and searched by Customs we won't even have to talk about a Magic Wand! :)
